THE STATE EX REL. TATE, APPELLANT, v. CALABRESE, JUDGE, APPELLEE.
No. 2009-2120
Supreme Court of Ohio
April 7, 2010
[Cite as State ex rel. Tate v. Calabrese, 125 Ohio St.3d 28, 2010-Ohio-1431.]
Submitted March 31, 2010
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Eric Tate, for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Deena Calabrese, to correct his sentence. Tate has already unsuccessfully sought correction of the same sentence by raising a similar claim for writs of mandamus and prohibition. See State ex rel. Tate v. Callahan, Cuyahoga App. No. 85615, 2005-Ohio-1202, 2005 WL 628520. Res judicata thus bars Tate from instituting a successive writ action. State ex rel. Essig v. Blackwell, 103 Ohio St.3d 481, 2004-Ohio-5586, 817 N.E.2d 5, ¶ 30; State ex rel. Carroll v. Corrigan (2001), 91 Ohio St.3d 331, 332, 744 N.E.2d 771.
Judgment affirmed.
MOYER, C.J.,1 and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, LANZINGER, and CUPP, JJ., concur.
Eric Tate, pro se.
William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.